Adjudicator Nomination Tactics in Construction Disputes

In this video, Fionnuala McCredie QC and Paul Bury discuss the various tactics that referring parties use when seeking to obtain the appointment of specific adjudicators in construction disputes.

The discussion focuses on how the courts have dealt with such tactics and offers practical guidance on what to do and what to avoid - from the perspective of both referring and responding parties.

Fionnuala and Paul were involved in one of the most important adjudication cases of 2014 - Eurocom Ltd v Siemens Plc - in which Ramsey J held that there was a "strong prima facie" case that the referring party's representative made a fraudulent misrepresentation when it applied to RICS for an adjudicator to be nominated. This invalidated the adjudicator's appointment, which meant he lacked jurisdiction to reach a decision.

Further cases discussed:

  • Paice v Harding (t/a MJ Harding Contractors)
  • Ide Contracting Ltd v RG Carter Cambridge Ltd
  • AMEC Capital Projects Ltd v Whitefriars City Estates Ltd
  • Makers UK Ltd v Camden LBC
  • Fileturn Ltd v Royal Garden Hotel Ltd [2010] EWHC 1736 (TCC)
  • CSK Electrical Contractors Ltd v Kingwood Electrical Services Ltd
  • Lanes Group Plc v Galliford Try Infrastructure Ltd

You can watch a preview of this video on our YouTube channel.

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Date:Published Tuesday 14 April 2015
Duration:0.75 hours
CPD hours:1 hour

Fionnuala McCredie QC

Keating Chambers

Paul Bury

Keating Chambers

 
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